DIP Facility Term Sheet definition
Examples of DIP Facility Term Sheet in a sentence
Notwithstanding anything contained in this Agreement to the contrary, nothing herein shall obligate the RCS Debtors or Non-RCS Debtors to execute or file any agreement, document, pleading or order, as the case may be, that materially conflicts with any of the DIP Facility Term Sheet, the Exit Facility Term Sheet, the New Second Lien Facility Term Sheet, the Plan Term Sheet or the Non-RCS Debtors Plan Term Sheet and, in each case, including all exhibits thereto.
The terms, conditions and provisions of the DIP Facility shall be consistent with the DIP Facility Term Sheet attached as Exhibit C to the Restructuring Support Agreement (the “DIP Facility Term Sheet”).
The Amendment Parties hereto agree that on the First Amendment Effective Date, the DIP Facility Term Sheet exhibited to the Existing RSA (the “Existing DIP Term Sheet”) shall be amended and restated in the form attached hereto as Exhibit B-1 (the “First Amended DIP Term Sheet”) and any term or provision of the Existing DIP Term Sheet which is different from the First Amended DIP Term Sheet shall be replaced and superseded in all respects by the terms and provisions of the First Amended DIP Term Sheet.
For the avoidance of doubt, to the extent that the principal amount of the DIP Facility exceeds $20 million and Ascend did not consent to such amount above $20 million, Ascend shall be obligated to purchase 50% of the new equity issued on account of (i) the outstanding DIP Facility indebtedness up to the principal amount as consented to by Ascend consistent with and as set forth in the RSA and DIP Facility Term Sheet and (ii) the outstanding BEP Notes.
Amount & Type A multiple-draw senior secured debtor-in-possession US dollar term loan credit facility in an aggregate principal amount not to exceed $100 million (the commitments under the DIP Facility, the “DIP Commitments”; the loans under the DIP Facility, the “DIP Loans”), subject to the terms and conditions of this DIP Facility Term Sheet and the DIP Documents.